Terms of business of Talent.io
These terms constitute an informal English translation of the Dutch Voorwaarden Talent.io. In case of inconsistency between the official Dutch Voorwaarden and these terms of Business in English, the Dutch version shall prevail.
Talent.io Netherlands B.V. operates a talent platform in the Netherlands that aims to connect jobseekers and employers.
Candidate: a jobseeker registering on the Platform by means of creating a user account.
Contract: has the meaning as defined in article 1.1
Employment Agreement: has the meaning as defined in article 3.3
Employer: every employer registering on the Platform by means of creating a user account.
Interview Request: has the meaning as defined in article 3.1
Parties: Talent.io and every User together.
Platform: the talent platform offered by Talent.io through the website https://www.talent.io that allows Candidates and Employers to register and connect with the purpose of concluding an Employment Agreement.
Talent.io: Talent.io Netherlands B.V., a limited liability company with address Plantage Middenlaan 62, 1018 DH, Amsterdam, and registered in the Dutch Chamber of Commerce (Kamer van Koophandel) with number 72570199.
User: every Candidate and Employer.
1. Registration and applicability of these terms
1.1 After a User has created a user account on the Platform, the User will receive a confirmation link at the e-mail address provided by User. The moment a User activates his user account by clicking on the confirmation link, a contract is concluded between Talent.io and the User to which these terms and the privacy statement of Talent.io (https://www.talent.io/privacy) apply (the Contract).
1.2 The (general) terms of a User are explicitly not applicable to the Contract, unless Talent.io by way of exception expressly agrees to these in writing.
1.3 Talent.io reserves the right to, without prior permission, amend these terms at all times. Talent.io will inform every User about such amendment. An amendment is deemed to have been tacitly (stilzwijgend) accepted by a User, unless a User has objected against the amendment by post or via e-mail (please see article 12.2 for the contact details of Talent.io).
1.4 A User is obliged to provide complete and accurate information that has been provided truthfully and shall only create a single user account on the Platform.
1.5 Users and the information they provide will not be checked by Talent.io, but Talent.io expressly reserves the right to at any times carry out such checks. An Employer will be responsible for verifying any skill, experience or reference provided by a Candidate if applicable.
2. Use of the Platform
2.1 A User is not permitted to use the Platform (a) for other purposes than meant for by Talent.io and (b) in conflict with these terms or the (financial) interests of Talent.io.
2.2 Talent.io reserves the right to offer use of the Platform to anyone, including to (legal) persons being potential competitors of a User.
2.3 Talent.io reserves the right to, without prior notice, block a user account or deny a User access to the
a) a User has provided false, inaccurate, outdated, obsolete or incomplete information on the Platform and despite prior notice of default has not provided a timely correction;
b) a Candidate repeatedly fails to reply within 48 hours to an Interview Request in accordance with article 3.1;
c) a User shares inappropriate or unlawful content on the Platform or with other users; or,
d) a User breaches any of the terms of the Contract.
3. Interview Request and Employment Agreement
3.1 The profile of a Candidate is visible on the Platform after the profile has been approved by Talent.io. From the moment the profile of a Candidate is visible on the Platform, Candidate can receive requests from Employers to participate in their selection procedure (the Interview Request). An Interview Request contains a salary offer and possibly a job description. A Candidate is obliged to reply to the Interview Request within 48 hours. A Candidate is allowed to accept multiple Interview Requests.
3.2 After sending an Interview Request, but prior to and during the selection procedure, an Employer is obliged to solely communicate with the Candidate via the Platform.
3.3 After a Candidate has completed the selection procedure of the Employer, the Employer may verbally or in writing, offer the Candidate to conclude a contract of employment. A Candidate may accept such offer verbally or in writing, after which an employment agreement will have been concluded between the Candidate and the Employer (the Employment Agreement).
3.4 From the moment the Employment Agreement has been concluded the commission payable by Employer as set out in article 4.2 is due to Talent.io
3.5 Talent.io is no, and will never be or become, a party to an Employment Agreement. Talent.io shall never be regarded an employer of a Candidate. Talent.io does not in any way guarantee the conclusion of an Employment Agreement or the enforcement thereof.
3.6 A selection procedure ends the moment (a) an Employment Agreement is concluded between an Employer and a Candidate, or (b) a User or Talent.io ends the selection procedure through the Platform.
4.1 A Candidate may use the Platform free of charge.
4.2 A commission for the use of the Platform is payable by an Employer to Talent.io from the moment an Employment Agreement has been concluded (the Commission). The amount of Commission (excluding VAT (BTW)) shall be calculated as follows:
A one-off Commission of 15% of the Candidate’s Annual Gross Salary as specified in the Employment Agreement (the Annual Gross Salary).
The Annual Gross Salary consists of any and all variable components of the salary as well as all performance based and annual premiums. Should an Employer and Candidate agree a salary lower than market terms in exchange for shares or (virtual) stock options in the company, Talent.io reserves the right to calculate the Commission based upon the salary as initially offered to the Candidate in the Interview Request instead of the actual Annual Gross Salary as received by the Candidate.
4.3 Should the Employment Agreement end within three months after the commencement date of the Employment Agreement (due to for example termination (opzegging) or dissolution (ontbinding)), the Employer has a right to a restitution of the Commission paid to Talent.io in the form of credit (the Restitution Credit). The paid Commission will only be restituted for credit when (a) the Employer has given written notification of termination of the Employment Agreement within 10 days after such termination (beëindiging), and (b) the Employment Agreement has been terminated (beëindigd) for reasons caused by the Candidate.
4.4 The Restitution Credit shall, and can only, be offset against future Commission payable by an Employer to Talent.io, at the sole discretion of Talent.io.
4.5 The Restitution Credit lapses by operation of law when an Employer or its affiliate (re)hires the Candidate within 12 months after the termination of the Employment Agreement.
4.6 A Commission is also payable by the Employer to Talent.io when:
an Employment Agreement is concluded subject to one or more conditions precedent;
an Employment Agreement is concluded between Candidate and Employer within 12 months after a selection procedure, as meant in article 3.5 ended; oran Employer introduces the Candidate to a third party and this third party hires the Candidate within 12 months after a selection procedure, as meant in article 3.5 ended.
4.7 Should an Employer hire multiple Candidates, the Commission is payable for each and every Employment Agreement concluded.
4.8 Talent.io will invoice the Commission payable by Employer within seven days after commencement of the Employment Agreement of a Candidate. The invoiced amount is due immediately and must be paid within 30 days after receipt of the invoice. Talent.io is entitled to charge statutory interest (wettelijke rente) (calculated monthly) on the invoiced amount in the event of late payment.
4.9 Regardless article 4.3, Employer is not allowed to offset any Commission payable against any receivables from Talent.io or to exercise a right of retention. Any (legal) costs incurred by Talent.io to obtain payment of an invoice shall be borne by the Employer.
5. Obligation to inform
5.1 A Candidate shall be obliged to inform Talent.io without delay when this Candidate has accepted a job offer from an Employer (or its affiliate) after getting in touch with this Employer or having exchanged contact details trough via the Platform.
5.2 In addition, a Candidate is obliged to disclose the essentials of the Employment Agreement (including salary, signing date of the Employment Agreement, duration of the Employment Agreement and the commencement date of employment) to Talent.io without delay.
5.3 The obligation to inform Talent.io of the details as referred to in article 5.1 and 5.2 also applies to the Employer.
5.4 A breach of this article 5 by an Employer means this Employer shall be liable to pay a one-off fine of a total of 7.5% of the Annual Gross Salary as initially offered by the Employer to the Candidate in the Interview Request. This fine shall by no means restrict the possibility for Talent.io to claim additional damages from the Employer in breach.
6. Contract term and termination
6.1 A User may terminate the Contract at all times without having to take into account any notice period.
6.2 Talent.io may terminate the Contract taking into account a notice period of a full month, giving notice before the end of each month.
6.3 A User may terminate the Contract by cancelling his user account on the Platform or by written notice to Talent.io.
6.4 Upon termination of the Contract, access to the Platform will be blocked immediately (or after expiry of the notice period). Termination on any legal basis is without prejudice to existing payment obligations.
7. Liability Talent.io
7.1 Talent.io shall not be liable for any damage suffered by a User as a result of the use of the Platform or the execution of the Contract, unless the damage is a direct result of the intent or wilful recklessness of Talent.io.
7.2 Talent.io cannot be held liable for damages caused by the wrongful use or misuse of, or technical malfunction or faults in the Platform.
7.3 The Platform may contain links to third party websites that are out of the control of Talent.io. Talent.io shall not be liable for damages resulting from the use of third party websites. Use of the services or products of third parties is entirely at the User’s own risk.
7.4 Should Talent.io be held liable for any damage, the damage shall be limited to the amount in Commission last paid by Employer to Talent.io, or the maximum amount covered by Talent.io’s liability insurance policy.
8. Intellectual property
All intellectual and industrial property rights to the Platform are owned by Talent.io or its licensees. A User only obtains the user rights and authorizations necessary for proper use of the Platform. A User may not provide the Platform to any third party or otherwise trade the Platform without prior consent of Talent.io.
9. Third parties
Talent.io expressly reserves the right to instruct third parties to perform all or part of the performance of the Contract. The data of a User will only be made available to these third parties in the context of the purpose of the Contract.
10.1 Parties shall treat all information received back-and-forth confidentially. This obligation excludes: information that (a) is generally known (information that is publicly accessible to third parties), (b) is lawfully disclosed by third parties or (c) must be provided at the request of the authorities or other government institutions, or any information that for advisory purposes must necessarily be communicated to advisors of the Parties or to other persons legally sworn to secrecy by law.
10.2 Talent.io is entitled to during the term of the Agreement and after its termination, use (or continue to use) company names and the recognizable brands of Users free of charge for reference purposes.
11.1 For the use of the Platform a User is obliged to create a user account and provide (among other things) a name, e-mail address, telephone number and password.
11.2 Talent.io processes personal data (persoonsgegevens) of a User. This processing takes place in accordance with the privacy statement of Talent.io, which can be consulted via https://www.talent.io/privacy.
11.3 Talent.io shall not be liable for the processing of personal data of a User by another User.
12. Contact details
12.1 All written communication addressed to Talent.io is preferably sent by e-mail to the e-mail address as shown in article 12.2, unless this is not possible due to the nature of the communication.
12.2 The contact details of Talent.io are as follows:
Talent.io Netherlands B.V.
Address: Plantage Middenlaan 62, 1018 DH, Amsterdam
E-mail adress: email@example.com
13.1 After termination of the Contract the articles 4.6 and 10 remain in full effect.
13.2 Should any provision of the Agreement be deemed null and void or be nullified, the other provisions of the Contract shall remain in full effect. The invalid or voided provision will - after mutual consultation with a User - be replaced by Talent.io by a provision that does as much as possible resemble the intent of the void or voided provision.
13.3 The Contract is governed by Dutch law.
13.4 Any disputes arising as a result of this Contract or these terms will be submitted to the competent court of the place of residence of the User or any other competent court according to the law, after Parties have tried to find a mutual solution.